Litigating Sexual Harassment Claims in the Era of “Me Too”
By Thomas M. O’Toole, Ph.D. The “me too” movement has become one of the most defining issues in American culture over the last year. We
Thomas O'Toole, Ph.D.
May 31, 2018
Filling the Experience Gap with Creative Associate Training Programs
By Jill D. Schmid, Ph.D. In an article called “The Case of the Vanishing Trial Lawyer,” published in the Boston Globe,a veteran litigator, Edward McCarthy,
Thomas O'Toole, Ph.D.
May 16, 2018
Does the Size of a Corporate Defendant Matter?
By Thomas M. O’Toole, Ph.D. It probably comes as no surprise that corporate defendants face a disadvantage at trial compared to individual defendants. A long
Thomas O'Toole, Ph.D.
May 1, 2018
Battling Confirmation Bias and First Impressions in Litigation
By Thomas M. O’Toole, Ph.D. Confirmation bias refers to when people accept or reject evidence based upon what they want to believe as opposed to
Thomas O'Toole, Ph.D.
April 17, 2018
Using Jury Instructions More Effectively in Closing Argument
By Thomas M. O’Toole, Ph.D. One of the studies that I like to cite more than just about any is the old 3M study that
Thomas O'Toole, Ph.D.
April 3, 2018
The Power of Embracing Bad Facts
By Jill D. Schmid, Ph.D. On a recent episode of “All In,” Chris Hayes was discussing one possible approach the Trump team could take in
Thomas O'Toole, Ph.D.
March 26, 2018
The Value of Repetitive Question Structures in Direct and Cross Examination
By Thomas M. O’Toole, Ph.D. I have previously written about how important repetition is to persuasion. I discussed how repetition increases retention, familiarity, and believability.
Thomas O'Toole, Ph.D.
March 22, 2018
“Jury Nullification” is a Greater Threat than You Think
By Jill D. Schmid, Ph.D. Sound Jury Consulting recently conducted a nationwide online survey in which we asked the following: If you were sitting as
Thomas O'Toole, Ph.D.
March 8, 2018
Does your witness script match your witness’s communication style?
By Jill D. Schmid, Ph.D. I’m sure you’ve written dozens perhaps hundreds. For each, you’ve painstakingly chosen every word, and gone over it with a
Thomas O'Toole, Ph.D.
February 22, 2018
Dissecting the “Broken Rule” Strategy Used by Plaintiffs
By Thomas M. O’Toole, Ph.D. One of the most popular strategies used and advocated by many plaintiff’s attorneys across the country is the “broken rule”
Thomas O'Toole, Ph.D.
February 13, 2018
Deposition Performance Case Study: Marcus Lemonis
By Thomas M. O’Toole, Ph.D. I am a fan of the television show, The Profit . It’s entertaining and a wonderful resource for small businesses.
Thomas O'Toole, Ph.D.
February 8, 2018
A Practical Guide for Developing Jury Selection Strategies
By Thomas M. O’Toole, Ph.D. I’m proud to announce that Jury Selection Handbook: The Nuts and Bolts of Effective Jury Selection, a book that I
Thomas O'Toole, Ph.D.
January 30, 2018
Why Jurors Often Fail to Understand What’s Important…Even When It’s Obvious
By Thomas M. O’Toole, Ph.D. Before you read any further, watch the above 1 minute and 41 second video, which will provide incredible insights into
Thomas O'Toole, Ph.D.
January 10, 2018
Repeating the Importance of Repeating
By Thomas M. O’Toole, Ph.D. The value of repetition as a simple and practical strategy for persuasion at trial cannot be overstated. However, despite the
Thomas O'Toole, Ph.D.
December 12, 2017
Do You Know What Question Your Jurors are Really Answering in Deliberations?
By Thomas M. O’Toole, Ph.D. In his 2011 book Thinking Fast and Slow, famed psychologist and Nobel Prize winner Daniel Kahneman wrote this in his
Thomas O'Toole, Ph.D.
December 4, 2017
Think of it as “Mock Deliberations” Instead of a Mock Trial
By Thomas M. O’Toole, Ph.D. I had a very interesting experience recently on a case in New York. While we had worked with the client
Thomas O'Toole, Ph.D.
November 28, 2017
3 Ways Our Brains Are Changing With the Times
By Thomas M. O’Toole, Ph.D. Without a doubt, we are living in unprecedented times. Whether it is the leader of the free world firing off
Thomas O'Toole, Ph.D.
November 20, 2017
Would you strike Barack Obama from the jury panel?
By Jill D. Schmid, Ph.D. Obama arrived this morning (11/8/17) at the Daly Center in Chicago for jury duty in Cook County, but he didn’t
Thomas O'Toole, Ph.D.
November 9, 2017
Defining Your Fundamental Goal in Voir Dire
By Thomas M. O’Toole, Ph.D. It has been a busy few months of picking juries for our consultants at Sound Jury Consulting. I have picked
Thomas O'Toole, Ph.D.
March 27, 2017
Four Fundamental Misconceptions About Mock Trials
By Thomas M. O’Toole, Ph.D. Mock trials are a popular tool for attorneys who want to learn how jurors will react to their cases. Mock
Thomas O'Toole, Ph.D.
October 27, 2016
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